He also wrote that counting ought to end quickly, rather than only after all potential votes have been counted: ". He wrote that states that require ballots to be received by Election Day "avoid the chaos and suspicions of impropriety that can ensue if thousands of absentee ballots flow in after election day and potentially flip the results of an election." Kavanaugh took aim at the entire concept of counting mail ballots that are postmarked by Election Day but arrive after, which 18 states and the District of Columbia allow.
Kavanaugh was a lawyer for Bush in that case.
Bush even though not all the votes had been counted. The ruling in the case also handed the disputed election to President George W. That opinion advanced a theory that state courts should have very limited ability to change state laws around elections. Kavanaugh's concurrence alarmed Democrats and voting rights advocates for several reasons because he cited Chief Justice Rehnquist's controversial concurrence in Bush v. Absentee ballots could 'potentially flip the results of an election'Ī major flashpoint in the decision emerged between Justice Kavanaugh's concurrence and Justice Elena Kagan's dissent. Justice Kavanaugh, Chief Justice John Roberts, and Justice Neil Gorsuch agreed that a lower federal court decision infringed on the Wisconsin state legislature's right to set the rules surrounding the November election as set out in Article II of the Constitution. The Wisconsin case revolves around exactly what the cutoff is for Wisconsin officials to accept mail ballots that are postmarked by Election Day but arrive days later. And he wrote that a result ought to be delivered "on election night, or as soon as possible thereafter." That's controversial because more than half of all voters have voted by mail already, and the counting of those votes could last for days after election night has ended. It's a decision that hints at how the now nine-justice court may approach disputes over the November 3 presidential election.Ĭrucially, Justice Brett Kavanaugh indicated that he believes votes that arrive after election day should not be counted even if they were sent before. On Monday night, the US Supreme Court ruled 5-3 to require mail ballots in the key battleground state of Wisconsin to be received by the time the polls close on Election Day. Account icon An icon in the shape of a person's head and shoulders.
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